Bonum Certa Men Certa

USPTO Director Iancu Works for Anti-SCOTUS (Against Section 101) Lobbyists

Last year: The Patent Microcosm is Trying to Derail Patent Reform and Make Iancu the 'American Battistelli'

Trump and Iancu



Summary: The United States Patent and Trademark Office Director Andrei Iancu is becoming to the patent system what Ajit Pai is to the FCC or to the broadband industry; there appears to be intentional vandalism and total disregard for the rule of law

HAVING just written about violations of the EPC at the European Patent Office (EPO), let's look at similar abuses at today's USPTO, which disregards Federal Circuit decisions and besieges the Patent Trial and Appeal Board (PTAB), the equivalent (more or less) of EPO's BoA.



"We foresaw this all along, even before he got the job."Mr. Iancu gleefully violating the laws that govern the Office doesn't surprise us. We foresaw this all along, even before he got the job. We had been writing about this for over a year.

Watchtroll, its striking lack of any comments lately and its connections to Iancu notwithstanding (those too are well documented), has just published "Iancu Highlights U.S. Role in the Future of Innovation in Remarks at U.S. Chamber’s [COC] Global IP Index Reception". Gene Quinn of Watchtroll basically reveals that Iancu now revels in the presence of this crooked bunch. He is aligning with corrupt COC. Surprising? No. Remember who he got this job from; it was crooked Trump. He got this job after his firm had worked for Trump (hallmark of corruption) and now he is serving the litigation 'industry' rather than the Office he works 'for' (similar to the pattern of FCC, EPA and so on).

"How typical of these people, who routinely attack judges for their decisions (Quinn has a long and extensive track record doing just that)."What does COC say? Well, the usual. But rather than amplify the lies, as the corporate press around the world has done over the past week, let's just say that it's the same as what we saw before, e.g. [1, 2, 3]. It's lobbying for patent trolls' interests. "Following are remarks delivered by United States Patent and Trademark Office Director Andrei Iancu at the event, after being introduced by GIPC President and CEO," Quinn wrote. He also typed up some nonsense titled "The ‘Iancu Effect’ Won’t Matter if Not Supported by the Courts or Congress" (the ‘Iancu Effect’?!). So basically they say that the USPTO can just disregard the law ("Courts or Congress") and the expectation is that lobbying by COC et al can change what "Courts or Congress" do. How typical of these people, who routinely attack judges for their decisions (Quinn has a long and extensive track record doing just that). They also attack politicians rather crudely for 'daring' (or finding the courage) to promote science and technology rather than patent trolls.

"Iancu is already angering groups that are supported by technology firms."Sadly, we live in bizarre times when agencies tasked with regulation actually do the exact opposite or what they were supposed to do. The USPTO is becoming just that under Iancu's oversight. It tarnishes the reputation of the USPTO in the same way Ajit Pai destroys what's left of the FCC and various people do at the EPA. There are many other examples like these across the US government. The likes of COC are allowed to toy around with public policy and the same goes for the Koch Brothers. COC's index is based on self-serving lies and a couple of weeks ago a Wall Street press apparatus also perpetuated the myth that innovation happens or exists only when there are patents (expensive; large companies can get lots of bogus ones). What is the goal of today's USPTO? Does it not realise that there's a crisis of confidence in US patents due to a torrent of false grants (those that had been granted over the past decade or two)?

Iancu is already angering groups that are supported by technology firms. "The @uspto proposal is an example of the agency putting its thumb on the scale in favor of #patent applicants at the expense of the public,” United for Patent Reform wrote this week, linking to the EFF's recent piece about Iancu. There's a new article from Joe Mullin/EFF video about "How Justus Decher Beat a Patent Troll". It was published yesterday and said:

Thousands of patent lawsuits are filed each year, and most of them deal with computer technology and software. Nearly 90 percent of those high-tech patent lawsuits are filed by shell companies that offer the public no products or services whatsoever. These patent-assertion entities, also known as “patent trolls,” simply enrich their owners by extracting money from operating companies.

In recent years, the Supreme Court has limited patent venue abuses, made fee-shifting easier, and most importantly, made it easier to throw out bad software patents in its Alice v. CLS Bank decision.

Patent troll lawsuits hurt real small businesses owned by regular people, most of whom don’t have the millions of dollars that would be required to defend themselves through a patent trial. We created our “Saved by Alice” project to tell their stories—the stories of company founders and entrepreneurs, who were able to keep on innovating because of the Alice decision.


The “Saved by Alice” project is a good initiative against software patents. Those patents are typically leveraged by trolls against a large number of small companies; the large targets can afford a legal challenge.

"It won't mean a comeback of software patents but of bogus ones."Want to stop a patent troll and make money at the same time? Unified Patents is looking to leverage prior art rather than 35 U.S.C. ۤ 101/Alice (SCOTUS) against a troll. In its own words (half a day ago), it is "seeking prior art for US 7,010,508 owned by and asserted by Landmark Technology, LLC, a well-known NPE." There's a thousand-buck award.

The bottom line is, many bogus patents are still being granted by the USPTO and rather than improve patent quality Iancu is seeking to lower quality even further. That would, as we argued a month ago, cause a crisis of confidence. It won't mean a comeback of software patents but of bogus ones.

Recent Techrights' Posts

A Free Software Foundation (FSF) Led by Dr. Richard Stallman Can Still Raise a Lot of Money
Give people more time (e.g. until end of January) and maybe hit the target
Good Gains for Android for GNU/Linux in New Zealand This Year
Notice that GNU/Linux rose to its highest point (this month)
2024 a Record Year for Android (Almost 50% "Market Share"), Which is Now Bigger in Europe Than Microsoft Windows
a look at Europe
Wishing for a Wikileaks Renaissance in 2025
as a site that facilitates whistleblowers, hosting large leaks
[Meme] Getting Banned From Social Control Media 2 Days or Two Weeks Before Leaving Office
Seems like interference using dinners with an insurrectionist
Jimmy Carter on Globalisation of "Tech"
Carter's legacy in the area of science (and technology)
The True Importance of Diversification
Monopoly or monoculture breed fragility
This New Talk Helps Explain Why Crimes at the European Patent Office (EPO) and Patent Policy Deficits Remain Unaddressed by the European Commission
Corporations write and enforce the law
Enshittification is Everywhere
Computer Science has been reduced to just "computer" (spyphone)
Move to GNU/Linux and Save the Planet, CCC Talk Explains
video of the talk
The Free Software Foundation (FSF) Tells Us All to "Keep Putting Pressure on Microsoft"
"Grassroots organization against a corporation as large as Microsoft is never easy"
 
Trying to Informally Police or at Least Report LLM Slop About "Linux" (and Several Related Topics)
Do they deserve public humiliation/condemnation? Yes, as that might be the only way to nip this in the bud
Links 30/12/2024: Fentanylware (TikTok) Concerns and Aftermath of Cut Cables
Links for the day
Is Microsoft's Plundering of Africa Coming to an End?
Microsoft had many layoffs in Africa this year
Microsoft Windows Down From 23% to 20% This Year in Asia (Android Up From 54% to Almost 60%)
Less and less of Windows, more of the Linux-powered Android
15 Years Ago Mozilla Firefox Had Over 50% of the Slovakian Market, Now Google's Chrome Has Over 70%
Peaked at 72.4% earlier this year
Remembering When Photography Meant Realistic Captures of Reality, Not "Hey Hi" (AI) and 'Instagrammed' (Filtered, Manipulated)
Fake pictures predate the "hey hi" hype; Instagram in particular was full of these
Apple's Main Stronghold (North America) at Risk From GNU/Linux
Apple had several rounds of layoffs in the US this year
statCounter: Microsoft Windows Down a Percent This Year in South America, GNU/Linux Up to 3.2%
Microsoft down, freedom up
The Threat of Googlebombing and LLMs
There are many Carters, but search engines and LLMs lack the "logic" (or common sense) to tell the difference
Social Control Media (Not Just TikTok) is a "Modern Challenge" to Democracy
Society is worse off with Social Control Networks
IBM's Bad Leadership is a Threat to GNU/Linux
We worry that since Red Hat controls so much of the GNU/Linux stack difficulties at IBM will result in divestment
Putting Some Eggs in the Geminispace Basket
Do not bet on the future of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 29, 2024
IRC logs for Sunday, December 29, 2024
Gemini Links 30/12/2024: Countdown to New Year, Tinylogging, and LLM Hype
Links for the day
Incredible! Beta'News' Now Runs Ads as 'Articles' About 'Hey Hi' (AI), Written by LLMs
Does it get any more rogue than this?
Our Most Relaxing Christmas Ever?
this Christmas was our most calm every (in recent memory at least)
Bad Year for Microsoft in India (and Another All-Time Low, Windows at 12% "Market Share")
Microsoft is the next Intel
Keeping Online Even During Wars
the Internet is still quite robust
Fascistic Regimes and Their Justices Will Leverage Social Control Networks to Their Advantage (Power Grab), They Won't Protect Constituents From Them
"controlling the voices and all the narratives, including the press because they too buy into the lies that it is a communications medium"
New Year's Resolution for Techrights: No More Very Short Posts
If we publish memes, as above, then we'll try to at least contextualise them somewhat
Links 29/12/2024: Phytium Sells Chinese CPUs and Landing Gear Malfunction Crashes Plane in Korea
Links for the day
Links 29/12/2024: Facebook Wants More Bots and Slop, Whistleblowers and Bloggers Under Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 28, 2024
IRC logs for Saturday, December 28, 2024
Gemini Links 29/12/2024: Supernatural Mystery and Mechanical People
Links for the day
Links 28/12/2024: Standards Emphasised, Putin Implicitly Admits Taking Down Passenger Plane
Links for the day
Links 28/12/2024: BRICS-Controlled Social Control Media Defended by GOP, "Paper Passport Is Dying"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 27, 2024
IRC logs for Friday, December 27, 2024
Links 28/12/2024: Having Bosses, Ada's Dependent Types
Links for the day